Indiana, Bloomington & Western Railway Co. v. Leak.

Franklin, C.

The only question presented and discussed by counsel in this case is whether the court erred in its conclusions of law upon the facts stated. Appellee sued appellant for the value of a horse killed by the running of the cars on appellant’s road. The complaint was originally in two paragraphs, the first charging that the road at the point where the horse went upon the track was not securely fenced in, and the second charging negligence in the running of the cars. The second paragraph was subsequently withdrawn, and the cause was submitted to the court on the first paragraph. The…